This article was submitted by Geetika Negi.
COVID-19 PANDEMIC
COVID-19 is the infectious disease caused by the recently discovered Corona virus.
This new virus was totally unknown before the outbreak began in Wuhan , China , in December 2019. COVID-19 is now a pandemic affecting many countries globally.
This pandemic is defining the global health crisis of our time and the greatest challenge we have faced since world war two.
COVID-19 pandemic has effected the economy worldwide. The world bank and the rating agencies had initially revised India's growth for fiscal year 2021 with the lowest figures India has seen in the three decades since India's economy liberalization in the 1990's.
However after the announcement of the economic package in mid-may, may India's GDP estimates were downgraded even more to the negative figures, signaling a deep recession
within a month unemployment rose from 6.7% on 15 march to 26%on 19 April, during the lock down, an estimated 14 corer people lost employment while salaries were cut for many other more than 45% of the households across the nation have reported an income drop as compared to the previous year. INDIA'S GDP has really fallen in the graphs compared to the other countries like Germany, US , etc. so to minimize the effect in the economy caused by the COVID-19 outbreak, the union finance and corporate affairs minister, on 24.03.2020,announced several important relief measures taken by they government of India, especially on statutory and regulatory compliance matters related to several sectors. The central government, among st others, announced much-needed measures in areas of income tax, GST,Customs&Central excise, Corporate Affairs,Insolvency&Bankruptcy code(IBC)Fisheries, Banking sector and commerce, intended to boost the economy.
Steps taken by the Indian government :
The central government, among others, has taken the following decisions in these directions:
a. Income tax
Extension of last date for income tax returns for financial year 2018-2019 from 31.03.2020 to 30.06.2020 .
Aadhaar – PAN linking date to be extended from 31.03.2020 to 3o.06.2020.
Due to dates for issue of not6ice, information, notification,approval order, sanction order, filling of appeal, furnishing of returns , statements, application, reports, any other documents and time limit for completion of proceedings by the authority and any compliance by the taxpayer including investment for roll over benefits of capital gains under income tax act, wealth tax act, prohibition of benami property transaction act, black money act, SST law, Equalization levy law, Vivad se Vishwas law where the time limit will be expiring between 20.03.2020 to 29.06.2020 shall be extended to 30.06.2020 .
For delayed payments of advanced tax, self-assessment tax, regular tax,TDS,TCS, equalization levy, STT,CTT made between 20.03.2020 and 30.06.2020, reduced interest rate at 9% instead of 12%18% per annul (ire. 0.75% per month instead of 1/1.5 percent per month) will be charged for this period. Np late fee/penalty shall be charged for delay relating to this period.
INDIAN COURTS
During this situation of COVID-19 the Delhi high court on Friday decided to restrict till June 14 its functioning and issued the direction to the district courts to only handle the urgent matters in the view of the ongoing COVID-19 Pandemic. The administrative and general supervision committee of the high court, headed by chief justice DN Patel, decided that the courts would be closed till June 14 and the urgent matters would continue to be heard by video conferencing and as per roster notified on may 20, it said that the mentioning of urgent matters is being done through the web link which is available from 9 AM to 10:30 AM on all working days. The supreme court of India and all high courts are authorized to adopt measures required to ensure the robust functioning of the judicial system through the use of video conferencing technologies.
Consistent with the peculiarities of the judicial system in every state and the dynamically developing public health situation, every high court is authorized to determine the moralities which are suitable to the temporary situation to use the video conferencing technologies. The courts shall duly notify and make available the facilities for the video conferencing for such litigants who do not have the means or access to video conferencing facilities. If necessary, in appropriate cases courts may appoint Amicus curiae and make video conferencing facilities available to such an advocate. In no case shall evidence be recorded without the mutual consent of both the parties by video conferencing. If it is necessary to record evidence in a court room the presiding officer shall ensure ensure that appropriate distance is maintained between any two individuals in the court.
Effects of COVID-19 on Indian Courts
As we all know the courts were closed for almost one month and so all the hearings that were supposed to take place were delayed and those cases whose last hearings were pending were also delayed in such a situation. Those people whose bail was pending was also delayed and they have to wait for the next hearing which the courts have to decide according to their urgency via video conferencing or other online modes.
Following were some important cases delayed:
Citizenship(Amendment )Act
One of the most important cases that have been delayed in the supreme court. More than 150 petitions on this issue are pending in the top court.
A bench of chief justice SA Bobde and justice BR Gavai and Surya Kant had issued notice to the central government on December 18, but the court refused to take the hearing at the time and announced that can be considered later.
The case was last heard on February 18, when the court granted time to the central government to file its response. The Center, in its response on march 17, said the CAA is intended to tackle religious persecution in specific countries and won't affect the rights of any Indian citizens.
Article 370
The challenge to the abrogation of Article 370 of the constitution, related to the special status of Jammu and Kashmir is another case pending in the apex court.
The court is hearing at least 23 petitions challenging the central government's August 2019 decision to scrap Kashmir's special status. As this was one of the important decision to be taken before the top court. Article 370 started the constitution and laws made by the parliament can be applied to Kashmir only with the concurrence of the government of Jammu and Kashmir. After the scrapping of article 370, Kashmir was divided into the two union territories of Ladakh and Jammu and Kashmir.
The hearing of the matter started on December 10 before a bench headed by justice N.V .Ramana and comprising justices Sanjay Kishan Kaul, R Subhash Reddy, BR Gavai and Surya Kant. The matter was last listed on march 2, when a five-judge constitution bench, in a 42-page judgment, declined to refer the case to a larger bench of seven judges. It hasn't been heard after that.
Right vs Faith( sabarimala case)
Another important case, slated for hearing in march, was the legal questions on the entry of women into sabrimala temple in Kerala and other gender-related matters in Islam and Zoroastrianism.
Chief justice Bobde said in open court on march 5 the matter would be heard by a nine-judge3 bench from march 16.
But the court functione4d only in a restricted manner in the week of March 16 and the case wasn't taken up. Subsequently, the nationwide lockdown was announced on march 24 and the court went into complete shutdown .The review petitions challenging the supreme courts 2018 judgment permitting entry of women into sabarimala temple will be decided on the basis of the outcome of the case before the nine- judge bench.
Use of money bill route
The contentious issue of the government adopting the money bill route to get laws passed in the parliament too is pending in the supreme court. This crucial case has to be heard by a bench of seven judges though there is no clarity on when it will be taken up.
A money bill originates in Lok sabha, and once passed there by a simple majority, is sent to the Rajya Sabha for its recommendations. These recommendations on money bills aren't binding on the Lok Sabha, which may choose to reject it .The government, which doesn't have a majority in Rajya Sabha, has used the money bill route on more than one occasion to pass contentious laws.
In a challenge to the Finance Act 2017, passed as a money bill, a five-judge bench of the court held on the November 13,2019 that its earlier judgment in the Aadhaar case approving the money bill route needs to be reconsidered. It, therefore, referred the issue to a bench of seven judges.
The decision in this case could impact several laws, including the Aadhaar Act passed by the parliament as a money bill.
However it has become very clear in last two months that the biggest impact of the lockdown has been on the poor, the migrant labour , children,women, dalits, adivasis, transgender, sex workers and other marginalized sections. They constitute more than 70% of our population. If the courts are unable to do anything for those, who in this national crisis are jobless and without adequate food or shelter, then the judiciary can hardly be said to be delivering justice, indeed that it has miserably failed. The judiciary has its own limitations but this cannot excuse or justify its total failure to even listen to these marginalized sections many of whom are dying of whom are dying of hunger. Rather it reflects a complete surrender to the executive which is not just an institutional failure but a personal failure of the judge.
Though the Government took correct actions on march 16,2020 much before the lockdown became a reality, the supreme court took suo motu action in the context COVID-19, to the decongest jails and other correctional homes and issued notices to all states and asked them to respond. On march 23 they directed each state and union territories to appoint high powered committees to make recommendations concerning released of certain under- trials and convicts for the period of lockdown. Possibly due to the pressure of having to report to the supreme court such high powered committees were constituted and a large number of prisoners were released. one may question whether a sufficient number of prisoners have been released or not, but the fact that the states got activated because of the supreme court cannot be denied.
Conclusion
The outbreak of COVID-19 is affecting litigation in multiple ways and has also crippled the courts across the country as judges, advocates and litigants are trying to achieve justice under the law while balancing public safety. The rapid spread of this virus has lead to the closing down of courts and tribunals in the country to avoid human association and to curb the spread of novel coronavirus in the country. However, the central government and judiciary has taken plural steps to provide relief to the people who are facing this unprecedented challenge. Even though the courts have been shut down, the Hon'ble supreme court of India has decided to take up urgent matters via virtual techniques so that advocates and litigants don't have to appear physically in the court in this present situation. The Hon'ble supreme court of India has also directed the respective bars to promote virtual proceedings and e-filings. Even the courts suo-moto, taking cognizance of the challenges being faced by the lawyers to present before the court physically for filling of respective Appeals, Petitions,etc and has extended the period of limitation until its further order, with this, hopes to fight against coronavirus and put a stop on its widening territorial jurisdiction.